Martin v. State
Supreme Court of Alabama
From the Criminal Court of Jefferson. Tried before the Hon. Sam. E. Greene. The indictment in this case charged, in a single count, that the defendant, William Martin, killed Owen Kelly, by shooting him with a pistol. The defendant pleaded not guilty, but was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of six years.
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From the Criminal Court of Jefferson. Tried before the Hon. Sam. E. Greene. The indictment in this case charged, in a single count, that the defendant, William Martin, killed Owen Kelly, by shooting him with a pistol. The defendant pleaded not guilty, but was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of six years. The homicide occurred, as was proved on the trial, at Warrior in said county, in an attempt by the deceased, who was at the time acting as town-marshal, assisted by C. F. Wardrup and D. Jones, to arrest the defendant and his…
1Opinion of the CourtStone, C. J.
It is certainly the law, that a policeman, or town-marshal, may, without warrant, arrest any one who commits a breach of the peace -in his presence, or who, by boisterous conduct, accompanied by violent words or actions, indicates a purpose to commit a breach of the peace.—Hayes v. Mitchell, 69 Ala. 452, and authorities cited; Code of 1886, § 4262. And such officer may summon to his assistance any bystander, or any number of' bystanders, when deemed necessary to effect the arrest, and such summons clothes them with authority to render him all needed assistance. And inasmuch as it requires…
2Cases cited7 opinions
- Williams v. StateSupreme Court of Alabama · 1886
- Smith v. StateSupreme Court of Alabama · 1889
- Jordan v. StateSupreme Court of Alabama · 1885
- Amos v. StateSupreme Court of Alabama · 1887
- State v. ColemanSupreme Court of Alabama · 1837
2 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Jones v. StateSupreme Court of Alabama · 1911
- Morris v. StateSupreme Court of Alabama · 1906
- Stokley v. StateSupreme Court of Alabama · 1950
- Standard Oil Co. v. StateTennessee Supreme Court · 1906
- State v. MobleySupreme Court of North Carolina · 1954
68 more not listed; retrieve them via the Exa API.